Terms of Use
Effective as of 07/1/2016
Your activities and acquisitions at the Site are governed by: (a) the Store Terms & Conditions which are set forth below, and (b) the Conditions, Notices and Consents that are provided or obtained in connection with the Site (collectively, ‘Agreement’). As used in the Agreement ‘you’ are an individual acting on your own behalf, or ‘you’ are an agent of a person or entity that has authorized you to act on that person’s or entity’s behalf.
By using the Site or by placing an order through it, you agree as follows:
Table of Contents
1. Privacy, Security and Your Obligation For Use of Your Password
2. Information About Quantrix Licenses
3. WARRANTIES & WARRANTY DISCLAIMER REGARDING ITEMS YOU ACQUIRE
4. EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS Regarding Quantrix Software
5. Your use of the Quantrix Qloud service
6. USE AND STORAGE
7. License to Use the Quantrix online purchasing and registration section of the www.Quantrix.com site
8. Your Representations & Warranties
9. Governing Law
10. Electronic Communications, Notices
11. Submission of Comments, Ideas and Other Information
12. Promotions
13. Order Availability, Cancellations & License Refunds
14. Payment, Credit for Refunds & Pricing
15. Changes to Terms & Conditions
16. Miscellaneous; Entire Agreement
17. DISCLAIMER
1. Privacy, Security and Your Obligation For Use of Your Password
Our Privacy Policy is a part of this Agreement and its terms are incorporated by this reference. Please read it now (by clicking on ‘Privacy Policy‘). The policy explains how certain information about you may be used. You acknowledge and agree that Quantrix may exchange, use and store information about you and your orders in accordance with our Privacy Policy. Please consult our security statement on the Site which explains how credit card payment related information is managed. If an order is placed through the Site with your password, we will assume that you have either placed the order yourself or have provided information to or received it from someone who is authorized to place the order. Subject to applicable law, you agree that we may make that assumption and that you will be obligated for that order. So please protect and guard access to your computer and your password. You can increase the protection provided by your password by using it only at this Site — choose another password for use at other sites.
2. Information About Quantrix Licenses
Quantrix software is licensed, not sold. All ownership, title and intellectual property rights in and to the software (if any), accompanying your order, including any associated media and any documentation or printed materials are owned by Quantrix or its suppliers. ALL ORDERS ARE SUBJECT TO YOUR CONSENT TO ANY APPLICABLE LICENSE THAT IS DELIVERED WITH OR INCLUDED IN THE ITEM.
If you use the software or take any other action that is described in the packaging or the software as constituting your consent to or agreement with the license, then that conduct will constitute your agreement. In the event that you have chosen to evaluate a downloaded product prior to purchase, you must request an activation keycode prior to the end of the relevant evaluation period to continue using the software.
3. WARRANTIES & WARRANTY DISCLAIMER REGARDING ITEMS YOU ACQUIRE
Quantrix does provide warranties for certain software and other items, but only if a warranty labeled ‘Limited Warranty’ is delivered with the item. For software, any Limited Warranty will be found or referenced in the license. Not all software comes with a warranty. For example, Quantrix does not provide any warranties with software that is provided as a Beta release. Any Limited Warranty does not include any statements made on packaging or in manuals and other documentation – you agree that those are provided and will be accepted by you for informational or instructional purposes only and not as warranties. UNLESS YOU ARE PROVIDED A LIMITED WARRANTY THAT APPLIES TO THE PARTICULAR ITEM you have obtained, ALL ITEMS ARE SUPPLIED AS IS AND WITH ALL FAULTS, to the full extent allowed by applicable law. ALSO, QUANTRIX DOES NOT PROVIDE ANY WARRANTY OF TITLE, OR ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ITEM OR AGAINST INFRINGEMENT.
4. EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS Regarding Quantrix Software
Unless a Quantrix license agreement or another Quantrix contract provides for different remedies, damages or limits, your exclusive remedy against Quantrix for any breach of warranty or contract under this Agreement including without limitation, the Privacy Policy, is limited to repair, replacement or refund with respect to the item in question, at Quantrix’s option and subject to applicable law. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, YOU WILL ONLY BE ENTITLED TO THE DIRECT DAMAGES THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE, UP TO THE AMOUNT OF A REFUND OF THE PRICE THAT YOU PAID FOR THE ITEM. YOU WILL NOT BE ENTITLED TO ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF QUANTRIX (OR ANY SUPPLIER), OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF QUANTRIX OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS.
5. YOUR USE OF THE QUANTRIX QLOUD SERVICE
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (‘Content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that except any Software provided to you by Quantrix under terms of an applicable EULA (‘Quantrix Software’), you, and not Quantrix, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available or use via the Service. Quantrix does not control the Content posted by you or other third parties via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Quantrix be liable in any way for any Content (except Quantrix Software), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. The Service is provided for informational purposes only. Quantrix and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that:
- violates applicable law, including securities laws;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights (‘Rights’) of any party or use, modify or combine the Content in any manner, with any other material, in any fashion that infringes the Rights of any person
- you do not solely have the right to make available under applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or
- otherwise may create liability or damages to Quantrix;
b. impersonate any person or entity, including, but not limited to, a Quantrix official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form or solicitation,;
d. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
e. interfere with or disrupt the Service or servers or networks connected to the Service;
f. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
g. ‘stalk’ or otherwise harass another; and/or
h. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a. through g. above.
You acknowledge that Quantrix may or may not pre-screen Content, but that Quantrix and its designees shall have the right (but not the obligation) to remove Content from the Service that Quantrix determines, in its discretion, may create liability or damages to Quantrix.
6. USE AND STORAGE
You acknowledge that Quantrix may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum size of any or all Content files, the maximum disk space that will be allotted on Quantrix servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, and/or any other condition of the Service. You agree that Quantrix has no responsibility or liability for the deletion or failure to store any Content, messages and other communications or other materials or Content maintained or transmitted by the Service. You acknowledge that Quantrix reserves the right, for any reason and without further notice, to log off, suspend, terminate or otherwise restrict or prohibit access to any and all Content or materials, and any and all accounts that are inactive for an extended period of time or for any other reason. You further acknowledge that Quantrix reserves the right to modify these general practices and limits from time to time without prior notice.
7. License to Use the Quantrix online purchasing and registration section of the www.Quantrix.com site
We hereby grant you the right to view and use the Site solely for the purpose of shopping in accordance with the Agreement. You may download and print copies of these Shop Terms & Conditions, the Quantrix.com Terms of Use, and of screens from this Site for the purpose of retaining records of your transactions at the Site. Subject to applicable law, Quantrix reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
8. Your Representations & Warranties
You represent and warrant for the benefit of Quantrix that: a. you are at least 18 years of age; b. you possess the legal right and ability to enter into this Agreement and make the credit card charge on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for this Site; and c. all information that you submit to us is true, accurate and current.
9. Governing Law
Licenses for Quantrix software are generally governed by the laws of the State of Maine: this Agreement is also governed by that law. Your consent to this Agreement will include your consent to such law and the jurisdiction of and venue in the courts in Maine in all disputes arising out of or relating to a license or this Agreement. Sometimes a license or applicable law might specify another governing law or jurisdiction, in which case that law and jurisdiction will apply as applicable. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. Quantrix’s performance of this Agreement (including the Privacy Policy) is subject to existing laws and legal process, and you agree that Quantrix may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement.
10. Electronic Communications, Notices
Shopping at the Site is conducted electronically and you agree that we can communicate with you electronically. For example, we may send you email asking about your experience with Quantrix, email notices and other disclosures about your orders.
Quantrix provides an order confirmation by email. However, since email is not infallible, you also agree to keep all records relating to your order, including, where possible, printing a copy of your order confirmation page. To the extent allowed by law, you agree that the above replaces and satisfies any law that provides for different methods or timing for your receipt of notices relating to your transaction. Quantrix also reserves the right to deliver notices and disclosures by other means such as postal mail, and to receive notices in writing when that method is specified elsewhere in this Agreement.
11. Submission of Comments, Ideas and Other Information
Any comments or information that you provide to Quantrix, for example feedback or ideas in response to a customer survey regarding the Site, suggestions, ideas, concepts, or other information (collectively, the ‘Submissions’), shall be deemed, and shall remain, the property of Quantrix. None of the Submissions shall be subject to any obligation of confidence on the part of Quantrix, and Quantrix shall not be liable for any use or disclosure (including publication in any medium) of any Submissions. Without limitation of the foregoing, Quantrix shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions.
12. Promotions
No promotion (e.g., special price discount) is offered by Quantrix unless the promotion explicitly so states. You agree that offers from non-Quantrix companies on the Site are solely liable for their promotions and that Quantrix is not liable. You also agree to comply with all terms of a promotion. Note: some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to the Site. Quantrix reserves the right to withdraw or refuse to honor any promotion that has been altered or modified – other than by Quantrix.
13. Order Availability, Cancellation & License Refunds
All items ordered from Quantrix are subject to availability and may not be available in all countries. We reserve the right to reject any and all orders. Quantrix also reserves the right to limit the quantity of any items that may be obtained by you through this Site.
Quantrix Modeler software can be downloaded from the Quantrix website. Quantrix Viewer is available at no charge. A thirty day free trial of Quantrix Modeler and the Quantrix Qloud is available prior to purchase of the software. When you purchase Quantrix Modeler, you will be provided with license registration keycode to activate the software. If you purchase a Quantrix Qloud subscription, you will be provided with a Qloud registration key that is valid for one year, unless otherwise noted. Refunds, if requested within 30 days of purchase, will be honored as long as the Quantrix software is permanently de-installed and deleted. There are no refunds for annual Qloud subscriptions beyond the 30 days after purchase.
If you have problems with your license registration or Qloud subscription keycode please contact us by email (customerservice@Quantrix.com).
14. Payment, Credit for Refunds & Pricing
Only valid credit cards acceptable to Authorize.Net may be used for orders placed with Quantrix, and all refunds will be credited to the same card. By submitting your order for processing, you authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site before order submission) to your card. If your card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All prices and availability of products are subject to change without notice. Taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
15. Changes to Terms & Conditions
This Site is like a store: every time a customer enters a store the customer is bound by the rules in effect on the date of the customer’s visit. Similarly, at this Site, you are bound by the version of this Agreement that is in effect on the date of your visit or order. The terms of this Agreement may change from time to time so please review it.
16. Miscellaneous; Entire Agreement
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) together with any license or agreement with Quantrix delivered in connection with any item acquired via the Site, constitutes the entire agreement between you and Quantrix with respect to the Site and that item, and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Quantrix regarding the Site and/or any order you place through it.
17. DISCLAIMER
ALL OF THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED ‘AS IS’ AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable law may not allow the exclusion of implied warranties, in which case the above exclusion may not apply to you. Quantrix does not warrant the accuracy and completeness of the materials on this site. Quantrix takes no responsibility for any financial or other loss whatsoever as a result of this website being unavailable at any time for any reason. Quantrix takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of this site. Quantrix may make changes to the materials at this site, or to the products and prices described in them, at any time without notice. The materials at this site may be out of date, and Quantrix makes no commitment to update the materials at this site. Information published at this site may refer to products, programs or services that are not available in your geographic location.
